Virginia Supreme Court Limits Use of Learned Treatises in Lieu of Experts to Establish Facts at Trial

By Hafemeister, Thomas L. | Developments in Mental Health Law, January 2008 | Go to article overview

Virginia Supreme Court Limits Use of Learned Treatises in Lieu of Experts to Establish Facts at Trial


Hafemeister, Thomas L., Developments in Mental Health Law


Expert witnesses are often employed during judicial proceedings in an attempt to establish the existence of facts that are in dispute. For example, if it is contended that a mental health professional failed to provide adequate care and treatment to a client, an expert may be asked to testify regarding the standard of care that can be expected of a competent mental health professional and whether this particular mental health professional conformed to this standard.

An alternative means of establishing such facts could be to introduce into evidence information contained in a "learned treatise"--a text that is viewed as authoritative within its field--or a review article or research study published in a leading journal. There are advantages to relying on these sources of information rather than an expert. An attorney may find them more readily available, less expensive, and easier to interweave into the attorney's trial strategy. However, because the authors of these sources of information are generally not available to provide related testimony and thus cannot be cross-examined, a hearsay objection will typically be raised in opposition to the introduction of these materials. Courts, in turn, have generally refused to allow attorneys to build the factual foundations of their cases with these materials, although they may be able to use the materials to impeach an opponent's experts during cross-examination if the material can be established to be sufficiently reliable.

In a Virginia case, the attorney for a health care provider facing claims of medical malpractice incorporated a pair of articles from the medical literature into her defense. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Virginia Supreme Court Limits Use of Learned Treatises in Lieu of Experts to Establish Facts at Trial
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.